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THE MUNICIPALITY OF
CLANWILLIAM-ERICKSON
BUILDING BY-LAW NO. 79-22
TABLE OF CONTENTS
SECTION ONE:
Title
SECTION TWO:
Scope & Definitions
2.1
Scope
2.2
Definitions
SECTION THREE:
General
3.1
Application Generally
3.2
Limited Application to Existing Buildings
3.3
Exemptions
3.4
Prohibitions
3.5
Mobile Homes and RTM's
SECTION FOUR:
Permits
4.1
Application
4.2
Permits
4.2.1 Building Permits
4.2.2 Plumbing Permits
4.2.3. Occupancy Permits
4.2.4. Demolition Permits
4.2.5 General
SECTION FIVE:
Duties Responsibilities, and Powers
5.1
Duties of Owner
5.2
Duties of Constructor
5.3
Duties of Authority Having Jurisdiction
5.4
Duties of Designer
5.5
Powers of Authority Having Jurisdiction
SECTION SIX:
Appeal
SECTION SEVEN:
Offenses and Penalties
SECTION EIGHT:
Effective Date of By-Law
SECTION NINE
Officers Authorized to Execute
SCHEDULE "A"
Classes of Permits and Permit Fees
SCHEDULE "B"
Plans and Specifications to be Submitted
SCHEDULE "C"
Assurance of Retention of Professional
SCHEDULE "D"
Assurance of Professional Design and Inspection
SCHEDULE "E"
Letter of Assurance
SCHEDULE "F"
Assurance of Compliance
SCHEDULE "G"
Assurance
of
Professional
Inspection
and
Compliance
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THE MUNICIPALITY OF CLANWILLIAM-ERICKSON
BUILDING BY-LAW NO. 79-22
SECTION I
Title
This by-law may be cited as the Municipality of Clanwilliam-Erickson Building By-law.
SECTION 2
Scope & Definitions
2.1
Scope:
2.1.1 This by-law applies to the whole of the Municipality of Clanwilliam-Erickson.
2.1.2 This by-law applies to administration and enforcement in the design, construction,
erection, placement and occupancy of new buildings, and the alteration.
Reconstruction, demolition, removal, relocation, occupancy and change in
occupancy of existing buildings and any requirements that are necessary to correct
unsafe conditions in existing buildings.
2.1.3 The requirements of the Code are hereby adopted and shall apply to all work
falling within the scope and jurisdiction of this by-law.
2.1.4 Any construction or condition that lawfully existed before the effective date of
this By-law need not conform to the requirements of this by-law if such
construction or condition does not constitute an unsafe condition in the opinion of
the authority having jurisdiction.
2.2
Definitions:
2.2.1. The words and terms in italics in this by-law shall have the meaning prescribed in
subsection 2.2.3 herein, and if no definition is provided herein they shall have the
meanings as prescribed in the Code. Should a word or term be defined in both
this by-law and the Code, then the definition set forth in this by-law shall govern..
2.2.2. Definitions of words and phrases used in this by-law that are not specifically
defined in the Code or in this subsection shall have the meanings that are
commonly assigned to them in the context in which they are used in these
requirements, considering the specialized use of terms within the various trades
and professions to which the terminology applies.
2.2.3 Words and terms in italics in this by-law shall have the following meanings:
a) "Audit" means a random review of design or construction work by the
authority having jurisdiction to ascertain compliance with the Code and this
by-law.
b) "Authority Having Jurisdiction" means the Municipality of Clanwilliam-
Erickson and, where the context requires, such building inspector or other
authority lawfully appointed by the Municipality of Clanwilliam-Erickson to
administer and enforce the provisions of this by-law.
c) "Code" means the Manitoba Building Code as established, adopted and
revised from time to time under Section 3 of the Buildings and Mobile Homes
Act, The National Building Code, The Manitoba Plumbing Code, and The
National Plumbing Code.
d) "Council" means the Council of the Municipality of Clanwilliam-Erickson.
e) "Permit" means written permission or written authorization from the
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authority having jurisdiction in respect to matters regulated by this by-law.
f) "Person" means and includes any individual, corporation partnership, firm,
joint venture, syndicate, association or trust, and any other form of entity or
organization.
g) "RTM" means ready to move houses or buildings constructed in one location
and moved to a different location.
h) "Valuation" shall mean the total monetary worth of all construction or work,
including all painting, papering, roofing, electrical work, plumbing,
permanent or fixed equipment, including any permanent heating, elevator
equipment or fire sprinkler equipment, and all labour, materials and other
devices entering into and other devices entering into and necessary to the
prosecution of the work in its completed form. No portion of any building,
including mechanical, electrical and plumbing work, shall be excluded from
the valuation for a permit, except as specifically noted herein.
SECTION 3
General
3.1
Application Generally:
This by-law applies to the design, construction, erection, placement and
occupancy of new buildings and the alteration, reconstruction, demolition,
removal, relocation, occupancy and change in occupancy of existing buildings.
3.2
Limited Application to Existing Buildings:
3.2.1 When a building or any part of it is altered or repaired, the Code applies to the
parts of the building altered or repaired except that where in the opinion of the
authority having jurisdiction, the alteration will affect the degree of safety of the
existing building, the existing building shall be improved as may be required by
the authority having jurisdiction.
3.2.2 The number of storeys of an existing building or structure shall not be increased
unless the entire building or structure conforms with the requirement of the Code.
3.2.3 The requirements of this by-law apply where the whole or any part of a building is
relocated either within or into the area of jurisdiction of the authority having
jurisdiction.
3.2.4 When the whole or any part of a building is demolished, the requirements of this
by-law apply to the work involved in the demolition and to the work required to
any parts remaining after demolition to the extent that deficiencies occurring or
remaining after demolition require correction.
3.2.5 When a building is damaged by fire, earthquake or other cause, the Code, the
requirements of this by-law and the appropriate regulations under the Fire
Prevention Act, and the Manitoba Fire Code, apply to the work necessary to
reconstruct damaged portions of the building.
3.2.6 When an unsafe condition exists in or about a building, the Code, the
requirements of this by-law and the appropriate regulations in the Fire Prevention
Act, and the Manitoba Fire Code, shall apply to the work necessary to correct the
unsafe condition.
3.2.7 When the occupancy of a building or any part of it is changed, the requirements of
this by-law apply to all parts of the building affected by the change.
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3.3
Exemptions:
3.3.1 These requirements do not apply to
(a)
sewage, water. electrical, telephone, rail or similar systems located on a
street or a public transit right of way.
(b)
public utility towers or poles, television and radio or other communication
aerials and towers, except for loads resulting from those located on or
attached to buildings.
(c)
flood control and hydroelectric dams and structures.
(d)
mechanical or other equipment and appliances not regulated in this by-law.
(e)
accessory buildings not greater than 10 square meters in building area
subject to the concurrence of the authority having jurisdiction.
(f)
farm buildings, other than a farm building used as residence, an attached
garage or carport, notwithstanding that all farm buildings require permits,
whose fees are detailed in Schedule "A" to this by-law.
3.4
Prohibitions:
3.4.1. Any person who fails to comply with any order or notice issued by any authority
having jurisdiction, or who allows a violation of the requirements of this by-law
or of the Code to occur or to continue, contravenes the provisions of this by-law.
3.4.2. No person shall undertake any work or authorize or allow work to proceed on a
project for which a permit is required unless a valid permit exists for the work to
be done.
3.4.3. No person shall deviate from the accepted plans and specifications forming part of
the permit, or omit or fail to complete, prior to occupancy, work required by the
said accepted plans and specifications, without first having obtained the
acceptance of the authority having jurisdiction to allow such deviation except for
minor changes to accepted plans and specifications which, when completed would
not cause a violation of the Code or other by-laws.
3.4.4 Where an occupancy permit is required by Section 4.2.3. herein, no person shall
occupy or allow the occupancy of any building, or part thereof, or change the
occupancy, unless and until an occupancy permit has been issued by authority
having jurisdiction.
3.4.5 No person shall knowingly submit false or misleading information to the or
authority having jurisdiction concerning any matter relating to this by-law.
3.4.6 No person shall excavate or undertake work on, over or under public property, or
erect or place any construction or work or store any materials thereon without
receiving prior approval in writing from the appropriate government authority.
3.4.7 No person shall allow the ground elevations or the property boundaries of a
building lot to be changed so as to place a building, or part of it, in contravention
of the requirements of this by-law, unless the building, or part of it, is so altered,
after obtaining the necessary permit, such that no contravention will occur because
of the change of the property boundary or grades.
3.5
Mobile Homes, Used and New RTM's
3.5.1 Mobile homes and/or new RTM's shall comply with the requirements of the Code.
3.5.2 Used RTM dwellings and mobile homes shall only be moved into or within the
Municipality of Clanwilliam-Erickson after being approved by Council.
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3.5.3 The authority having jurisdiction may require any or all of the following in
respect to a new or used mobile home or RTM sought to be located within the
area of jurisdiction of the authority having jurisdiction:
(a)
the submission of a complete set of plans and specifications;
(b)
the seal of an Engineer licensed in the Province of Manitoba in respect to
all building components requiring professional certification;
(c)
submission of copies of any or all permits taken out for the mobile home
or RTM in the location of its construction together with a copy of any or
all inspection reports;
(d)
such inspections or certifications as the authority having jurisdiction may
deem necessary in order to ensure compliance with the Code and this by-
law, and to ensure the health and safety of the building's occupants.
SECTION 4 Permits
4.1
Application:
4.1.1 Except as otherwise allowed by the authority having jurisdiction, every
application for a permit shall be in the form prescribed by the authority having
jurisdiction and shall:
(a)
identify and describe in detail the work and occupancy to be covered by
the permit for which the application is made,
(b)
describe the land on which the work is to be done by a description that will
readily identify and locate the building lot,
(c)
state the valuation of the proposed work and be accompanied by the
required fee as set out on Schedule A hereto; and,
(d)
include those plans and specifications set out on Schedule B hereto (unless
otherwise waived by the authority having jurisdiction), and show the
occupancy of all parts of the building,
(e)
state the names, addresses and telephone numbers of the owners, architect,
professional engineer or other designer, constructor and any inspection or
testing agency engaged to monitor the work or part of the work.
(f)
include such additional information as maybe required by the authority
having jurisdiction
4.1.2 When an application for a permit has not been completed in conformance with the
requirements of the authority having jurisdiction within one year after the date of
filing, the application shall (unless otherwise extended by the authority having
jurisdiction) be deemed to have been abandoned, and can only be reinstated by re-
filing.
4.1.3 A permit shall expire and the right of an owner under the permit shall end if
(a)
the work authorized by the permit is not commenced within six months
from the date of issue of the permit and actively carried out after that, or
(b)
the work authorized under the permit is suspended for six months unless
otherwise extended by the authority having jurisdiction.
4.1.4 Any revision to the original application described in article 4.1.1 shall be made in
the same manner as for the original permit.
4.1.5 Applications for permits may be filed, and permits may be issued to an owner, or
to a constructor or other properly authorized agent of the owner.
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4.2
Permits:
4.2.1 Building Permits:
4.2.1.1 Except as permitted in Article 4.2.1.2 herein, unless a building permit has first
been obtained from the authority having jurisdiction and associated fees paid in
accordance with "Schedule A" to this by-law, no person shall commence or cause
to be commenced:
(a)
the location, placement, erection or construction of any building or
structure or portion thereof;
(b)
the addition, extension, improvement, alteration or conversion of any
building or structure, or portion thereof;
(c)
the repair, rehabilitation, or renovation of any building or structure, or
portion thereof;
(d)
underpinning;
(e)
the relocation or removal of any building or structure, or portion thereof;
(f)
the excavation of any land for any purpose of erecting or location on or
above it, any building or structure;
(g)
the installation, construction, repair, renewal, alteration or extension of a
mechanical system;
(h)
the installation, construction, alteration or extension of a spray paint
operation, spray painting booth, dip tank or other special process; or
(i)
the alteration, addition, erection or re-erection of a sign.
4.2.1.2 A building permit is not required for:
(a)
patching, painting or decorating;
(b)
replacement of stucco, siding or shingles with the same material;
(c)
replacement of doors or windows when the opening is not altered;
(d)
replacement of open landing and stairs;
(e)
construction of fences;
(f)
installation of cabinets and shelves;
(g)
a detached accessory storage building not greater than 100 square feet or
10 square meters in building area;
(h)
non-structural alterations or repairs where the value of such work in less
than five thousand dollars ($5,000.00)
4.2.1.3 Notwithstanding that a building permit is not required for the work described in
Article 4.2.1.2., such work shall comply with the Code and the provisions of this
or other applicable by-laws and the work shall not place the building or structure
in contravention or further contravention of the Code or this or any other by-law.
4.2.1.4 Before the issuance of a building permit for cases described in Subsection
5.1.17(1), the owner shall (unless the authority having jurisdiction waives such
requirement) submit Letters of Assurance in the forms set out in Schedules C and
D, as attached hereto, which:
(a)
confirm that the owner has retained the necessary architects or
professional engineers for all the applicable disciplines, for professional
design and inspection; and
(b)
incorporate the architects' or professional engineers assurance of
professional design and commitment for inspection.
4.2.1.5 Before the issuance of a building permit, for cases in which professional design is
not required, the owner shall (unless the authority having jurisdiction waives such
requirement) submit a Letter of Assurance, in the form set out in Schedule E as
attached hereto, confirming that the owner will ensure that the building will be
constructed in accordance with the Code.
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4.2.2. Plumbing Permits:
4.2.2.1 Except as provided in sentence 4.2.2.2., no person shall construct, extend, alter,
renew or repair or make a connection to a plumbing system unless a permit to do
so has been obtained.
4.2.2.2 A plumbing permit is not required when a valve, faucet, fixture or service water
heater is repaired or replaced, a stoppage cleared or a leak repaired, if no change
to the piping is required.
4.2.2.3 When required by the authority having jurisdiction, the application shall also be
accompanied by a plan that shows:
(a)
the location and size of every building drain, and of every trap and clean
out fitting that is on a building drain;
(b)
the size and location of every soil or waste pipe, trap and vent pipe; and
(c)
a layout of the potable water distribution system including pipe sizes and
valves.
4.2.3. Occupancy Permits:
Except as otherwise permitted herein, no person shall occupy or use or permit the
occupancy or use or change the occupancy or use of any building or part thereof,
for which an occupancy permit is required hereunder.
4.2.3.1 An Occupancy Permit is required from the authority having jurisdiction for:
(a)
the occupancy of any new building or structure or portion thereof except a
single- family dwelling, a two-family dwelling or a multi-family dwelling
without shared exit facilities;
(b)
the occupancy of any existing building or structure where an alteration is
made thereto, except a single-family dwelling, a two-family dwelling or a
multi-family dwelling without shared exit facilities;
(c)
a change from one Major Occupancy group to another or a change from
one division to another within a Major Occupancy group in any existing
building or structure, or part thereof;
(d)
a change from one use to another within the same division in a Major
Occupancy group which results in an increase in the occupant load;
(e)
a change or addition of an occupancy classification of a suite in a building;
and
(f)
a change from a use not previously authorized to a new use.
4.2.3.2 Before the issuance of an occupancy permit, the owner shall (unless the authority
having jurisdiction waives such requirement) submit Letters of Assurance in the
form set out in the applicable Schedules F and G, as attached hereto, confirming
that the construction of the building, work or project conforms with the plans,
specifications and related documents for which the building permit was issued.
4.2.3.3 The authority having jurisdiction may issue an Interim Occupancy Permit for a
partial use of a building or structure subject to any conditions imposed by the
authority having jurisdiction.
4.2.3.4 No change shall be made in the type of occupancy or use of any building or
structure, which would place the building or structure in a different occupancy
group, or divisions within a group, unless such building or structure is made to
comply with the requirements of the Code for that occupancy group, or division
within a group.
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4.2.3.5 The authority having jurisdiction may issue a Temporary Occupancy Permit for
the use of a building or structure approved as a temporary building or structure.
4.2.3.6 A Temporary Occupancy Permit shall be for a period not more than six (6)
months, but before the expiration of such period, the Temporary Occupancy
Permit may be renewed by the authority having jurisdiction for two further six-
month periods.
4.2.3.7 Notwithstanding apparent compliance with this by-law, the authority having
jurisdiction may refuse to issue an Occupancy Permit if the building, structure or
proposed use is to the authority having jurisdiction's knowledge in violation of a
Zoning by-law, or any other applicable by-law.
4.2.3.8 An applicant for an Occupancy Permit shall supply all information requested by
the authority having jurisdiction to show compliance with the by-law and any
other relevant by-laws.
4.2.3.9 The required Occupancy Permit shall be displayed and maintained in a legible
condition by the owner or his/her agent in a location acceptable to the authority
having jurisdiction.
4.2.4. Demolition Permits:
4.2.4.1 No person shall commence or cause to be commenced the demolition of any
building or structure, or portion thereof, unless a Demolition Permit has first been
obtained from the authority having jurisdiction.
4.2.4.2 The demolition of a building or structure shall be subject to the requirements of
the Code.
4.2.5 General:
4.2.5.1 No permit shall be assigned or transferred without the written consent of the
authority having jurisdiction.
SECTION 5
Duties, Responsibilities & Powers
5.1.
Duties and Responsibilities of the Owner:
5.1.1 Every owner shall allow the authority having jurisdiction to enter any building or
premises at any reasonable time for the purpose of administering and enforcing
the requirements of this by-law..
5.1.2 Every owner shall obtain all permits or approvals required in connection with
proposed work, prior to commencing the work to which they relate.
5.1.3 Every owner shall:
(a)
ensure that the plans and specifications on which the issue of any permit
was based are available continuously at site of the work for audit or
inspection during working hours by the authority having jurisdiction, and
that the Permit, or true copy thereof, is posted conspicuously on the site
during the entire execution of the work.
(b)
keep visible at all times during construction the street number of the
premises in figures at least 3 inches (75 mm) high and visible from the
street or sidewalk.
5.1.4 Every owner shall give notice to the authority having jurisdiction of dates on
which he intends to begin work prior to commencing work on the building site.
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5.1.5 Every owner shall before commencing the work, give notice in writing to the
authority having jurisdiction, prior to commencing the work, listing
(a)
the name, address and telephone number of
(i)
the constructor or other person in charge of the work;
(ii)
the designer of the work;
(iii)
the person reviewing the work; and
(iv)
any inspection or testing agency engaged to monitor the work or
part of the work.
(b)
any change in or termination or employment of such persons during the
course of the construction immediately that such change or termination
occurs.
5.1.6 Every owner shall give sufficient notice to the authority having jurisdiction.
(a)
of intent to begin work that the authority having jurisdiction has directed
may be subject to audit during construction,
(b)
of intent to cover work that the authority having jurisdiction has directed
may be subject to audit during construction; and
(c)
when work has been completed and before occupancy.
5.1.7 Every owner shall give notice in writing to the authority having jurisdiction
(a)
immediately upon any change in ownership or change in the address of the
owner occurs prior to the issuance of an Occupancy Permit;
(b)
prior to occupying any portion of the building if it is to be occupied in
stages; and
(c)
of any such other notice as may be required by the authority having
jurisdiction.
5.1.8 Every owner shall give such other notice to the authority having jurisdiction as
may be required by the provisions of the Code or this by-law.
5.1.9 Every owner shall make, or have made at his own expense, the tests or inspections
necessary to prove compliance with these requirements and shall promptly
provide a copy of all such test or inspection reports to the authority having
jurisdiction when and as required by the authority having jurisdiction.
5.1.10 Every owner shall provide an up-to-date survey of the building site when and as
required by the authority having jurisdiction.
5.1.11 When required by the authority having jurisdiction, every owner shall uncover
and re-cover at his own expense any work that has been covered contrary to an
order issued by the above authority.
5.1.12 Every owner is responsible for the cost of repair of any damage to public property
or works located thereon that may occur as a result of undertaking work for which
a building permit was or was not required.
5.1.13 Except in one and two family dwellings and their accessory buildings, every
owner shall, where required, obtain an occupancy permit from the authority
having jurisdiction before any
(a)
occupancy of a building or part of it after construction, partial demolition
or alteration of that building, or
(b)
change in the occupancy of any building or part of it.
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5.1.14 Should occupancy occur before the completion of any work being undertaken,
every owner shall ensure that no unsafe condition exists or will exist because of
the work being undertaken or not completed.
5.1.15 The granting of a permit by the authority having jurisdiction shall not in any way
relieve the owner of a building from full responsibility for carrying out the work
or having it carried out in accordance with these requirements, including ensuring
that the occupancy of the building, or any part of it, is in accordance with the
terms of the permit.
5.1.16 When a building or part of it is in an unsafe condition, the owner shall
immediately take all necessary action to put the building in a safe condition.
5.1.17 (1) Every owner who undertakes to construct or have constructed a building
which
(a)
has structural components falling within the scope of Part 4 of the Code,
(b)
has structural components specifically requiring a professional engineer
design in accordance with the Code, or
(c)
requires the use of firewalls according to the Code,
shall ensure that an architect, professional engineer or both are retained to
undertake professional design and inspection.
(2) Professional design and inspection referred to in sentence (1) requires that an
architect, professional engineer or both be responsible
(a)
for the design and that all appropriate plans, specifications and related
documents meet the requirements of the Code. and the requirements of
applicable acts, regulations and by-laws, and bear the seal or stamp of the
registered professional, and
(b)
for inspection of construction to ensure compliance with the design and
the requirements of applicable acts, regulations and by-laws.
(3) If the engagement of an architect or professional engineer pursuant to
Sentences 5.1.17.(1) and (2) is terminated during the construction period, work
shall be discontinued until a replacement has been appointed.
(4) The requirements of Sentences 5.1.17(1), (2), and (3) shall apply to a change
in occupancy, an alteration, addition, reconstruction or the relocation of a
building where and as required by the authority having jurisdiction.
5.1.18 Where the dimensions of a structural component are not provided in Part 9 of the
Code for use in a building within the scope of that part, and such dimensions are
to be determined on the basis of calculation, testing or other means of evaluation,
the owner shall retain the services of an architect or professional engineer.
5.1.19 Every owner who undertakes to construct, alter, reconstruct, demolish, remove or
relocate a building shall provide supervision and coordination of all work and
trades.
5.1.20 Every owner shall ensure that all materials, systems, equipment, and the like used
in the construction, alteration, reconstruction or renovation of a building meet the
requirements of applicable acts, regulations and by-laws for the work undertaken.
5.2
Duties And Responsibilities Of The Constructor:
5.2.1 Every Constructor shall ensure that all construction safety requirements of the
Code are complied with.
5.2.2 Every Constructor is responsible for ensuring that no excavation or other work is
undertaken on public property, and that no building is erected or materials stored
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in whole or in part thereon without approval first having been obtained in writing
from the Council.
5.2.3 Every Constructor is responsible jointly and severally with the owner for work
actually taken.
5.3
Duties & Responsibilities of Authority Having Jurisdiction:
5.3.1 The authority having jurisdiction shall administer this by-law and shall have the
powers of enforcement more particularly set out in Article 5.5 herein.
5.3.2 The authority having jurisdiction shall keep copies of all applications received,
permits and orders issued, inspections and tests made, and of all papers and
documents connected with the administration of the Code and this by-law for such
time as required by the provisions of the Municipal Act
5.3.3 Where the authority having jurisdiction seeks to enforce any of the powers set out
in Article 5.5.2 herein, the authority having jurisdiction shall issue in writing such
notices or orders as may be necessary to inform the owner of the contravention of
the Code or this by-law.
5.3.4 The authority having jurisdiction shall provide, when requested to do so, all
reasons for refusal to grant a permit.
5.4
Duties and Responsibilities of the Designer:
5.4.1 When a designer is retained, the designer shall ensure that the design of the
building conforms to the Code.
5.4.2 When a professional engineer or architect is required by the Code or the
requirements of this by-law, they shall do inspections to ensure that the
construction conforms to the design and the Code.
5.4.3 Every designer is required to submit to the authority having jurisdiction:
(a)
all information needed for review of the design;
(b)
any changes to the design for which a permit has or may be issued;
(c)
copies of all inspection reports for inspections done by the designer and
others, and
(d)
any other documentation or certification required by the authority having
jurisdiction.
5.4.4 Every designer shall ensure that all materials, systems, equipment or related
matter specified for the construction, alteration, reconstruction or renovation of a
building meet the requirements of the Code and the requirements of applicable
Acts, regulations and by-laws for the work to be undertaken.
5.4.5 If the responsible architect and or professional engineer withdraws from the
project, he shall immediately advise the authority having jurisdiction.
5.4.6 Prior to the issuance of an occupancy permit, the responsible architect and/or
professional engineer shall, where required by the authority having jurisdiction,
submit a certificate stating:
"The construction has been reviewed under my supervision in
accordance with recognized professional inspection standards, and
that to the best of my/our knowledge the structure was constructed
in accordance with the accepted drawings and specifications and
requirements of the applicable by-laws".
5.4.7 The responsible architect and/or professional engineer shall sign, date and seal all
of the documents referred to in this article.
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5.5
Powers of Authority Having Jurisdiction:
5.5.1 The authority having jurisdiction may enter any building or premises at any
reasonable time to audit for compliance with the Code or these requirements, or to
determine if an unsafe condition exists.
5.5.2 The authority having jurisdiction is empowered to issue orders for:
(a)
an owner or authorized agent to hold at specific stages of construction in
order to facilitate an audit or inspection;
(b)
a person who contravenes these requirements to comply with them within
the time period that may be specified;
(c)
work to stop on the building or any part of it if such work is proceeding in
contravention of these requirements, or if there is deemed to be an unsafe
condition;
(d)
the removal of any unauthorized encroachment on public property;
(e)
the removal of any building or part of it constructed in contravention of
these requirements;
(f)
the cessation of any occupancy in contravention of these requirements;
(g)
the cessation of any occupancy if any unsafe condition exists because of
work being undertaken or not completed, and
(h)
correction of any unsafe condition.
5.5.3 The authority having jurisdiction may direct that tests of materials, equipment,
devices, construction methods, structural assemblies or foundation conditions be
made, or sufficient evidence or proof be submitted at the expense of the owner,
where such evidence or proof is necessary to determine whether the material,
equipment,
device,
construction
or
foundation
condition
meets
these
requirements.
5.5.4 The authority having jurisdiction, may require an owner to submit, in addition to
the information required in Article 4.1.1, an up-to-date plan or survey, prepared by
a registered land surveyor, architect or professional engineer, as is appropriate to
the work, and which shall contain sufficient information regarding the site and the
location of any building
(a)
to establish before construction begins that all the requirements related to
this information will be complied with; and
(b)
to verify that, upon completion of the work, all such requirements have
been complied with.
5.5.5 The authority having jurisdiction may ask for any other documentation or tests
deemed necessary at the expense of the owner.
5.5.6 Notwithstanding any other provisions herein, wherein the opinion of the authority
having jurisdiction the site conditions, the size or complexity of a building, part of
a building or building component warrant, or for any other reason, the authority
having jurisdiction, may require that the owner have the following done at his/her
expense:
(a)
the appropriate plans, specifications and related documents be reviewed by
and bear the seal or stamp of an architect or professional engineer, and
(b)
the work be inspected during construction by the architect or professional
engineer responsible for the work.
5.5.7 The authority having jurisdiction may issue a building permit at the risk of the
owner with, if necessary, conditions to ensure compliance with these requirements
and any other applicable regulations, to excavate or to construct a portion of a
building before all the plans of the project have been submitted to the authority
having jurisdiction.
5.5.8 The authority having jurisdiction may refuse to issue any permit
(a)
whenever information submitted is inadequate to determine compliance
with the provisions of these requirements,
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(b)
whenever incorrect information is found to have been submitted,
(c)
that would authorize any building work or occupancy that would not be
permitted by these requirements, or
(d)
that would be prohibited by any other Act, regulation or by-law.
5.5.9 The authority having jurisdiction may revoke a permit by written notice to the
permit holder if
(a)
there is contravention of any condition under which the permit was issued,
(b)
the permit was issued in error, or
(c)
the permit was issued on the basis of incorrect information,
(d)
the work is being done contrary to the terms of the permit.
5.5.10 The authority having jurisdiction may place a valuation on the cost of the work
for the purpose of determining permit fees. Such valuation shall take precedence
over any valuation provided by the owner.
5.5.11 The authority having jurisdiction may issue an occupancy permit, subject to
compliance with provisions to safeguard persons in or about the premises, to
allow the occupancy of a building or part of it for the accepted use, before
commencement or completion of the construction or demolition work.
5.5.12 When any building, construction or excavation or part of it is in an unsafe
condition, as a result of being open or unguarded, or because of danger from fire
or risk of accident because of its ruinous or dilapidated state, faulty construction,
abandonment or other, and when due notice to correct such condition has not been
complied with, the authority having jurisdiction may
(a)
demolish, remove or make safe such building, construction excavation or
part of it at the expense of the owner and may recover such expense in like
manner as municipal taxes, and
(b)
take such other measures as he may consider necessary to protect the
public.
5.5.13 Notwithstanding any other provisions herein, when, in the opinion of the authority
having jurisdiction, immediate measures need to be taken to avoid an imminent
danger, the authority having jurisdiction may take such action as is appropriate,
without notice and at the expense of the owner.
5.5.14 The authority having jurisdiction may withhold issuing an occupancy permit on
completion of the building or part of the building, until the owner has provided
letters to certify compliance with the Code, these requirements and the
requirements of applicable Acts, regulations or by-laws.
5.5.15 The authority having jurisdiction may issue to the owner an order or notice in
writing to correct any unsafe conditions observed in any building.
5.5.16 Where a building is served by a municipal potable water system, the authority
having jurisdiction:
(a)
shall require installation of a backflow preventer; and
(b)
may require more than one water meter and/or curb stop connection for
any building, including but not limited to those which contain more than
one occupancy or more than one dwelling unit.
SECTION 6
Appeal
6.1
Any person aggrieved by any decision or order of the authority having jurisdiction
as to the issuance of permits, the prevention of construction or occupancy of
buildings, the demolition or removal of buildings, or structures, or any other
matter herein may, within fifteen (15) days from the date of the decision, appeal to
the Council. All decisions or orders remain in effect during the appeal process.
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6.2
Council may hear the appeal as a committee of the whole or by subcommittee
especially established for this purpose.
6.3
Upon the hearing of an appeal, the Council may:
(a)
uphold, rescind, suspend or modify any decision or order given by the
authority having jurisdiction;
(b)
extend the time within which compliance with the decision or order shall
be made; or
(c)
make such other decision or order as in the circumstances of each case it
deems just;
and the decision or order of the Council upon being communicated to the
appellant, shall stand in place of the decision or order against which appeal is
made, and any failure to comply with the decision or order is an offense.
SECTION 7 Offenses and Penalties
7.1
Any person who contravenes or disobeys, or refuses or neglects to obey
(a)
any provision of the Code or this by-law or any provision of any other by-
law that, by this by-law, is made applicable; or
(b)
any order or decision of the Council under Article 6 herein;
for which no other penalty is herein provided is guilty of any offense and liable,
on summary conviction, to a fine not exceeding five thousand dollars ($5,000.00),
or in the case of an individual, to imprisonment for a term not exceeding six
months or to both such fine and such an imprisonment
7.2
Where a corporation commits an offense against the Code or this by-law, each
Director or Officer of the corporation who authorized, consented to, connived at,
or knowingly permitted or acquiesced in, the doing of the act that constitutes the
offense, is likewise guilty of the offenses and liable, on summary conviction, to
the penalty for which provision is made in Subsection 7.1 aforesaid.
7.3
Where the contravention, refusal, neglect, omission, or failure, continues for more
than one day, the person is guilty of a separate offenses for each day it continues.
SECTION 8 Effective Date of By-Law
This by-law shall come into force and effect on the day following the date of third reading being
given by council.
By-Law No.22-15 is hereby repealed.
SECTION 9 Officers Authorized to Execute
The Designated Officer as established by By-Law No. 79 is hereby authorized to execute and
deliver, under the corporate seal of the Municipality of Clanwilliam-Erickson, the above by-law.
DONE and PASSED as a By-Law of the Municipality of Clanwilliam-Erickson at Erickson,
Manitoba in the Province of Manitoba this 9th day of June, 2022.
The Municipality of Clanwilliam-Erickson
______________________________
Reeve
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______________________________
Chief Administrative Officer
Read a first time this 31st day of May, 2022;
Read a second time this 9th day of June, 2022;
Read a third time this 9th day of June, 2022.
SCHEDULE "A"
This is Schedule "A" to By-Law No. 79
Respecting "Classes of Permits and Permit Fees"
Residential and Commercial New Buildings, Additions, Attached Garages, Renovations
Main floor, including covered decks
$75.00 + $0.35/sq. ft.
Each additional floor, including covered decks
$0.35/sq. ft.
Basement, crawl space, piles, grade beam,
other below-grade foundation
$75.00 + $0.35/sq. ft.
Open decks
$75.00
Renovations with structural component
$100.00 + (0.005 x estimated value)
Renovations over $5000 valuation
with no structural component
$100.00 + (0.005 x estimated value)
Garages and Accessory Buildings
Up to 900 sq. ft.
$150.00
Greater than 900 sq. ft.
$150 + $0.25 per sq. ft. in excess of 900
Additional floor(s)
$0.25/sq. ft.
Miscellaneous
Application for Council approval
of used RTM or Mobile Home
$50.00
Demolition/Removal permit
$35.00
Development permit
$75.00
Wind Generation Tower
$150.00 per tower
Building move-in permit
$200.00
Relocation of accessory buildings
$75.00
Plumbing permit
$25.00 + $15.00/fixture + $15.00/rough-in
Extra inspections
$100.00/hour including travel
Farm buildings <6458 sq. ft., excluding dwellings and garages, do not need a building permit, but
do need a development permit.
Planning and Development
Variance application
$300.00
Conditional Use Order application
$300.00
Development Plan Amendment
$900.00
Zoning By-Law Amendment
$900.00
Zoning Memorandum
$50.00
Failure to Obtain Permit
When a required permit has not been obtained prior to the commencement of work on-site, the
permit and/or planning and development fees shall be double the normal rate.
Permit Refund
When a permit is surrendered for cancellation within six months of obtaining the permit, the
permit fee shall be refunded, less a $50.00 administration fee, as long as work has not been
commenced or inspections conducted.
SCHEDULE "B"
This is Schedule "B" to By-Law No. 79
respecting
List of Plans or Working Drawings
to accompany applications for permits
1)
The Site Plan
2)
Floor Plans
3)
Foundation Plans
4)
Framing Plans
5)
Roof Plans
6)
Reflected Ceiling Plans
7)
Sections and Details
8)
Building Elevations
9)
Electrical Drawings
10)
Heating, Ventilation and Air Conditioning Drawings
11)
Plumbing Drawings
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Schedule "C"
Pursuant to Subsection 4.2.1.4 of the Building By-law
Note: To be submitted prior to issuance of a Building Permit
The information provided is relied upon by the authority having jurisdiction.
ASSURANCE OF RETENTION OF PROFESSIONAL
RE:
Design and Inspection of Construction by a
professional engineer or architect, known as the
"Prime Consultant"
The Authority Having Jurisdiction
Date
Dear Sir
RE:
(Address of Project)
(Legal Description of Project)
The undersigned has retained as the Prime Consultant,
to undertake and/or coordinate the design and inspections of the applicable registered
professionals required for this project in order to ascertain that the design will comply and
construction of the project will substantially conform in all material respects with the current
Building Code and other applicable safety standards, except the construction safety aspects.
As used herein, inspections shall mean such reviews of the work at the project site and at
fabrication locations, where applicable, as the registered professional, on the basis of
professional discretion, considers necessary in order to ascertain that the work conforms
in all respects to the plans and supporting documents prepared by the registered
professional for which he permit is issued by the municipality for the pr project. This
includes keeping records of all site visits and any corrective action taken as a result
thereof.
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The owner and the prime consultant will notify the Authority Having Jurisdiction in writing prior
to any intended termination of or by the prime consultant. It is understood that work on the
above project will cease as of the effective date of such termination, until such time as a new
appointment is made.
The owner hereby certifies that all required Municipal and Provincial Permits and other required
authorizations will be obtained prior to the commencement of construction.
Prime Consultant's Information
Owner's Information
Prime Consultant's Name (Print)
Owner's Name (Print)
Prime Consultant's Signature
Owner's
or
Owner's
appointed
agent's
signature
Address (Print)
Date
Occupation (Print)
Title of Agent (if applicable) (Print)
(Affix Coordinating Professional's Seal here)
Address (Print)
The Corporate Seal of
was hereunto affixed in the presence of
(Print name of witness)
(Affix Owner's Corporate Seal here)
The above must be signed by the owner or the owner's appointed agent. The signature must be
witnessed by the prime consultant. If the owner is a company, the corporate seal of the company
must be affixed to the document in the presence of its duly authorized officers. The officers must
also sign, setting forth their positions in the company. The prime consultant is to be registered in
the Province of Manitoba as a member in good standing in the Association of Architects or the
Association of Professional Engineers.
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Schedule "D"
Pursuant to Subsection 4.2.1.4 of the Building By-law
Note: To be submitted prior to issuance of a Building Permit
Separate form to be submitted by each registered professional.
The information provided is relied upon by the Authority Having Jurisdiction
ASSURANCE OF PROFESSIONAL DESIGN AND
COMMITMENT FOR INSPECTION
The Authority Having Jurisdiction
Date
(Address)
Dear Sir:
Re:
(Legal Description of Project)
The undersigned hereby gives assurance that the design of the (initial applicable item/items)
ARCHITECTURAL
STRUCTURAL
MECHANICAL
PLUMBING
FIRE SUPPRESSION SYSTEMS
ELECTRICAL
GEOTECHNICAL - temporary
GEOTECHNICAL - permanent
components of the project as shown on the plans and supporting documents prepared by this
registered professional conform to all the applicable requirements of all applicable acts,
regulations and by-laws. Further, the undersigned will be responsible for inspections of the
above referenced components during construction.
- 5 -
The undersigned also assures competence in the necessary fields of expertise to undertake the
project on the basis of training, ability and expertise in the appropriate professional and technical
disciplines.
As used herein, inspections shall mean such reviews of the work at the project site and at
fabrication locations, where applicable, as the registered professional, on the basis of
professional discretion, considers necessary in order to ascertain that the work conforms
in all respects to the plans and supporting documents prepared by this registered
professional for which the building permit is issued by the municipality for the project.
This includes keeping records of all site visits and any corrective action taken as a result
thereof
The undersigned also undertakes to notify the Authority Having Jurisdiction in writing as soon as
practical if his contract for inspection is terminated at any time during construction.
Name
(Print)
Date
Signed
Address
Phone
Affix PROFESSIONAL
SEAL here
If the Registered Professional is a member of a firm, complete the following
I am a member of the firm
(Print name of firm)
and I sign this letter on behalf of myself and the firm.
Note: The above letter must be signed by a registered professional who is registered in the
Province of Manitoba as a member in good standing in the Association of Architects or the
Association of Professional Engineers.
- 6 -
Schedule "E"
Pursuant to Subsection 4.2.1.5 of the Building By-law
Note: To be submitted prior to issuance of a Building Permit
The information provided is relied upon by the authority having jurisdiction
LETTER OF ASSURANCE
The Authority Having Jurisdiction
Date
(Address)
Dear Sir:
Re:
(Address of Project)
(Legal Description of Project)
The undersigned agrees to undertake and/or coordinate the design review of this project in order
to ensure that the design will comply and construction of the project will conform in all respects
with all applicable acts, regulations and by-laws.
The owner hereby certifies that all required Municipal and Provincial Permits and other required
authorizations will be obtained prior to the commencement of construction.
Designer's Information
Owner's Information
Name (Print)
Owner's Name (Print)
Signature
Owner's
or
Owner's
appointed
agent's
signature
- 7 -
Address (Print)
Date
Occupation (Print)
Title of Agent (If applicable) (Print)
Certification or License
Address (Print)
The Corporate Seal of
was hereunto affixed in the presence of
(Print name and office of signatory)
Affix Owner's Corporate Seal here)
The above must be signed by the owner or the owner's appointed agent. If the owner is a
company, the corporate seal of the company must be affixed to the document in the presence of
its duly authorized officers. The officers must also sign, setting forth their positions in the
company.
- 8 -
Schedule "F"
Pursuant to Subsection 4.2.3.2 of the Building By-law
Note: To be submitted after completion of the project but prior to official occupancy
The information provided is relied upon the authority having jurisdiction.
ASSURANCE OF COMPLIANCE
The Authority Having Jurisdiction
Date
Address
Dear Sir:
Re:
(Address of Project)
(Legal Description of Project)
I hereby certify that all aspects of the project conform with the plan and supporting documents
which were submitted prior to receiving a building permit and that the construction conforms to
the Manitoba Building Code. I further certify that there are no outstanding Municipal or
Provincial approvals, permits or other requirements pertaining to the use or occupancy of this
project.
Name (print)
Date
Signed
Address
Phone
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Schedule "G"
Pursuant to Subsection 4.2.3.2 of the Building By-law
Note: To be submitted after completion of the project but prior to official occupancy
Separate form to be submitted by each registered professional.
The information provided is relied upon by the authority having jurisdiction.
ASSURANCE OF PROFESSIONAL
INSPECTION AND COMPLIANCE
The Authority Having Jurisdiction
Date
Address
Dear Sir:
Re:
(Address of Project)
(Legal Description of Project)
I hereby certify that I have fulfilled my obligation for inspection as outlined in the following
previously submitted letters;
SCHEDULE A
ASSURANCE OF RETENTION OF PROFESSIONAL
SCHEDULE B
ASSURANCE OF PROFESSIONAL DESIGN AND COMMITMENT
FOR INSPECTION
Based on such inspections the following aspects of the project conform in all respects with the
plans and supporting documents, including all amendments thereto, prepared by this registered
professional for which a permit was issued by the municipality for the project.
COORDINATION OF DESIGN AND Inspection
(to be initialed by the prime consultant)
ARCHITECTURAL
STRUCTURAL
MECHANICAL
PLUMBING
- 10 -
FIRE SUPPRESSION SYSTEMS
ELECTRICAL
GEOTECHNICAL - temporary
GEOTECHNICAL - permanent
(to be initialed by the applicable registered professional)
I hereby enclose the final design plans and supporting documents prepared by this registered
professional for the above referenced Project. I further certify that there are no outstanding
Municipal or Provincial approvals, permits or other requirements pertaining to the use or
occupancy of this project.
Name (print)
Signed
Date
Address
Phone
Affix PROFESSIONAL SEAL here)
If the Registered Professional is a member of a firm, complete the following:
I am a member of the firm
(Print name of firm)
and I sign this letter on behalf of myself and the firm.
Note. The above letter must be signed by a registered professional who is registered in the
Province of Manitoba as a member in good standing in the Association of Architects or the
Association of Professional Engineers.